It was a holiday week (July 4), and we spent most of it going to specialists. (Alabama 16-28-16, 16-28-3, 12-15-13, Act #94-782) . The absence intervention team will meet before the conclusion of the absence intervention plan to determine if the student made satisfactory progress based on the metrics shared in the plan. Unexcused absences are, quite simply, an absence from school that has not been excused. Pre-trial conference. (author note: post originally written in 2015, updated recently), 2023 A Day In Our Shoes with Lisa Lightner, Understanding IDEA and Your Parental Rights, 8 Tips to Prevent and Get Out of Truancy Charges or Attend Truancy Court. Common sense should prevail: Dont bring any small children unless you absolutely cannot avoid it. Juveniles who are truant face proceedings in juvenile courts. A comprehensive whole child approach leads to better outcomes for students, including higher academic achievement, better attendance and a positive school experience. Further, a student would not be referred to court for medical-related absences. Current laws state that the fine is $25 for every day the child has missed school. WHAT IS TRUANCY? Turn off your phone. Contact an attorney and at least go for a free or low-cost initial consult. Parents or guardians will be summoned to appear before a justice of the peace or municipal-court judge. The ACLU of RI wants to ensure that the rights of students and legal guardians are protected during Truancy Court proceedings. What is the role of an absence intervention team? See if there are free Legal Aid type services in your area for low-income families if you qualify. Student Loan Forgiveness: 5 Takeaways From Supreme Court Hearing Day One. Within 10 school days after a student's truancy, the school is expected to speak with the student's parent or . If you have questions or concerns about the way you have been treated in Truancy Court or believe that unfair conditions have been imposed on your child, please contact us at (401) 831-7171 or info@riaclu.org. A dad had just explained that he is a single dad working two jobs and is not home in the morning when his kids should be leaving for school. An example of this would be how in the state of Maine, an excused absence could be any of the following: Research indicates that high levels of truancy result in students dropping out of school, as well as increased chances of: As such, parents should immediately discuss the issue with their child in order to determine the root cause of their truancy. Generally speaking, if your child is at least 7 years old or they have not finished 6th grade, they are truant if they have 5 unexcused absences from school in a row; or, 7 unexcused absences from school in one school year. A district can consider different modes of communication when notifying the family. If the student does not participate or make satisfactory progress on the plan, as determined by the absence intervention team, the attendance officer must file a complaint in juvenile court against the student on the 61st calendar day after the implementation of the absence intervention plan (ORC 3321.16 (B)(3)). When the situation is referred to the county attorney for mediation, representatives of the school, the parent, and a mediator are supposed to have a detailed discussion and make a real effort to . You can also help by learning ways to support your child's school attendance. When a student is excessively absent, the district must notify the students parent or guardian in writing and follow its truancy and attendance policy to assist that student and his or her family in getting to school regularly (ORC 3321.191 (C)(1)). The same might happen if student loans are among the oldest accounts, Lynch said, because removing them would change the average age on all credit accounts. The state or jurisdiction(s) you selected for this subcategory are shown below, followed by the laws and regulations. You must stay well-informed on how many absences are considered truant and what is excused vs. unexcused. Until then your child is compulsory school age. EC Section 48262. Confianza Legal Podcast - What happens if I missed my court date? These laws are also an attempt for all parties to take truancy laws and school attendance more seriously. However, in some states, you may be charged with committing a civil violation. If a student becomes habitually truant within 21 school days prior to the last day of instruction of a school year, the school district or school may assign one school official to work with the child's parent, guardian, custodian, guardian ad litem or temporary custodian to develop an absence intervention plan during the summer. Truancy in Ohio Juvenile Courts. If a student is absent for 38 hours in a month or 65 hours in a year with medical excuses, the district is not required to notify the students parents, guardians, or custodians in writing. Estate Under the "compulsory education" laws in North Carolina, children between the ages of 7 and 16 must attend classes at a public, private, or home school until they graduate. District policy outlines the districts interventions, supports and processes for ensuring every student gets to school every day. If a parent is convicted of truancy, the child's stability will suffer. If they decide to remain in Truancy Court, there are legal consequences to agreeing to participate, which are described elsewhere in this pamphlet. The law requires that students are in school, full-time . No. If found truant and adjudicated unruly/ungovernable, the child may be placed on supervision with the court and subject to dispositions for unruly children pursuant to O.C.G.A. When a child or teen is repeatedly reported for truancy or referred to a truancy diversion program, parents may also be required to appear in court and may be charged with educational neglect or be served with a Child . Maine schools must try to work with parents or legal guardians and students to get students to attend school regularly. If, after three good faith attempts, the district is unable to ensure participation of the parent, ORC 3321.191(C)(2)(e)allows the team will develop the students absence intervention plan without the parent. The Student Attendance Specialists work closely with the campuses to collect attendance data, coordinate automated phone messages to parents when a child is absent, issue warning letters, #Attend2Achieve Truancy . No, districts cannot suspend (out of school) or expel students for truancy (ORC 3313.668 (A)). Educational disruption that is caused by a students homelessness, unplanned hospitalization, and/or placement into foster care. Habitual truancy is different from chronic absenteeism. Missing your court date in Kentucky can result in severe consequences, even additional . 260a.04: community-based truancy projects and service centers. Travis earned his J.D. Yes. School personnel designated to inform parents of truancy should do so with the primary goal of improving the child's attendance. Students' Rights Groups Call on Rhode Island Schools to Reject Body Know those charges far enough in advance of any hearing so that they can confirm whether they are accurate and legitimate, Present evidence that all or some of the absences were excused and therefore should not serve as a basis for the truancy action, Speak with a lawyer before the proceeding and to bring a lawyer with them, Maintain that the child is innocent, but in order to do so, they may have to have the case transferred from the Truancy Court Program to Family Court, Have the case heard before a judge in Family Court instead of participating in the Truancy Court Program. Or Dad will pick it up. We had a very unfortunate case in nearby Berks County (the county directly north of mine) that put the spotlight on school truancy. In terms of the maximum age limit in which free education must be offered, the ages range from 21 years old to 26 years old. face a judge and explain why the children have missed as much as 10 weeks of school . Districts also are no longer allowed to suspend or expel students for being absent from school without legitimate excuse (ORC 3313.668 (A)). The school knows that that child cannot get there without the bus, then they start racking up absences. Passed in 2011, the law allowed district attorneys to charge parents with a misdemeanor if their children missed 10 percent of the school year without a valid reason. Keep it up. Schools and districts only submit truancy complaints for habitually truant students. RI truancy laws apply to any child who is enrolled in kindergarten or between the ages of 6 (as of September 1 of the school year) and 18. A school refusal eval. The law defines a child who is "truant" as having three or more school days of unexcused absence during the current school year. Examples of punishments associated with a civil violation include, but may not be limited to: In terms of truancy court procedures that might apply directly to the child, this again largely depends on the state, as well as how often the courts have found the child to be truant. Required to surrender their drivers license for up to six months. The term truancy refers to an unexcused absence at school. And now youre dealing with truancy. Be sure to give the school your child's doctor excuses. Under Section 1003.26 of the Florida State Statute, truancy is defined as a juvenile offense that can be charged to anyone under the age of 16 . Hearing. Back . All rights reserved. When a Pennsylvania student earns three unexcused absences in a school year, they become "truant.". Youll have a chance to argue that your child was absent for a legitimate reason. The Supreme Court is taking up the case as to the legal authority of President Joe Biden's student loan forgiveness plan. A common problem that I see is this. If convicted, the person is punishable by a fine or imprisonment or both. The school nurses in the health room will document these illnesses and make a report, which provides good documentation for parents to show all occasions in which their child left school. We've helped more than 6 million clients find the right lawyer for free. Local board-adopted attendance policies should be updated to include definitions of medical and nonmedical excuses, including a process and timeline for submitting medical excuses Law, Employment Law, Government When a student is regularly absent from school, the student is not only missing instruction time, but they are also missing opportunities for interventions, supports and social interactions. This notice may also include the location, time and date of an initial hearing before a magistrate. Law, Intellectual 571-11(2), Family Court can place a child under jurisdiction for truancy if the child is not attending school or is not receiving the educational services required by law. Ok, so lets dig into that without good reason part of the definition. Hopefully, his story has a positive ending. 2 attorney answers. Then you need to buckle up for a big fight. District and School Continuous Improvement, Research, Evaluation and Advanced Analytics. Some states have a set number of days a student must be absent before the law kicks in, while others dont. We will explain those rules here. Just because your child has an IEP doesnt mean you get to ignore truancy and absences. Are students who cannot attend school due to chronic or terminal illness considered excessively absent or habitually truant? Homebound, out-of-district placement, and other option discussions may be warranted. However, parents and their children can face serious consequences if the child is considered a habitual truant and repeatedly misses school. The school may also be able to send you to truancy court or impose other consequences on you and possibly . At stake: forgiveness of up to $20,000 in debt for more than 40 million . Meet with the childs guidance counselor or team leader to discuss issues. The sibling will bring home the schoolwork. Students would not be referred to the absence intervention team to develop and complete a plan for absences due to documented illness or absences related to the illness. The following foundational supports help educators achieve these outcomes: In addition to these supports, schools and districts can implement tiered interventions which help get students to school every day. These examples of Tier I interventions aim to prevent absenteeism before it affects achievement. Hey, I get it. If your child misses too much time, however, youll probably end up in front of a judge. What is the definition of habitual truancy? If the child or legal guardian asks the case to be transferred to the Family Court, they may still be required to attend multiple hearings, but often those are less frequent, such as once a month. Unfortunately, that path ultimately leads to negative activity and, based on conversations I've had with our youth court and detention center, the disengaged and disenfranchised student turns to nonproductive activity." Previously, the law in Illinois required a child to miss 10 percent of their 180 consecutive regular school days or 18 days of school in order to be absent from school. If your child misses 12 a day or more, and the school considers that a "day," it will count toward the limit. In many states, students who have more than a certain number of unexcused absences in a school year (often called "habitual truants") may be referred to the juvenile court and could end up in foster care or even juvenile detention if they keep skipping school. The law states a child is truant after racking up three unexcused absences in a school year. Your I personally have gone to truancy court with several clients as moral support (I am not an attorney!) The student absence intervention plan holds the student and his or her parents or guardian accountable for attending school regularly. An example of this would be how in Virginia, parents can be fined and jailed for failure to adequately supervise school-aged children. It is intended to be food for thought. The truancy laws apply to students between ages six and 18 and identifies two types of truancy: 1) habitual truancy, and 2) chronic truancy. If, after three good faith attempts, the district is unable to ensure participation of the parent or the parents designee, the team can develop the students absence intervention plan without the parent. Only bring essential adults. The intervention plan can include changes, such as: Schools should have a dropout prevention committee. I would have much rather been at the pool. An attorney can help you understand your legal rights and options under your states specific truancy laws. Yes. After being notified, parents have three school days to ensure a student is back in class before the school may take further action. I have seen absences put in an IEP as accommodation for excessive illnesses. First, read all your school district policies and state codes on attendance. Unlike in Truancy Court, they will be provided a court-appointed attorney in Family Court if they cannot afford one, Be informed by the court of the consequences of participating in the Truancy Court Program, Be provided with an interpreter for court appearances and translation of court documents, View any of the written reports submitted to the Truancy Court by the childs school. Being ornery teenagers, I suppose, they frequently stay home. A parent of a chronically truant child in grades Kindergarten through 8 th grade may be fined up to $2,500 or may face up to one year in jail if he or she permits their child to miss 10% or more of school days. Is it a special education document or not? What happens when a student becomes excessively absent from school? in 2017 from the University of Houston Law Center and his B.A. Keeping Ohio Students Present, Engaged and Supported, Department seeks educators to help develop Ohios State Tests by participating on assessment committees. You will be called up when its your turn, and he/she will ask you questions. If you miss a certain number of days, you risk repeating a class or classes or even being held back a year. Last week he had doctor appointments four out of five days. Truancy is the act of failing or refusing to attend school. The school must follow certain procedures first. You may be required to sign an affidavit requiring you to be in school every school day unless you have a damn good reason. Category: Discipline Addressing Specific Code of Conduct Violations Subcategory: Chronic Absenteeism and Truancy State: North Carolina. Your child is "under your control" (i.e., lives with you); You received written notice from the school about your child's truancy and the plan that was developed to correct it; and. The school can suspend your child for up to 10 days in a single school year. Districts have seven days after the plans completion to send the plan to the students parents. Your child may be asked to commit, in writing, to . Nonetheless, there are times when a student simply cannot be at school. The district or school absence team develops the student absence intervention plan collaboratively with the student and his or her family or guardian. Your child has missed enough days in the school year to be truant. frequently miss part of or an entire school day. The committee should explore the reasons why students drop out, including; If you do not go to the meeting, the team can still make this plan for your child. Students experiencing difficulty with attendance can be struggling with a variety of issues at different times throughout the school year. Why do excused absences count toward excessive absence triggers? Follow the rules. There could be serious consequences for skipping school in North Carolina, including juvenile court for habitual truants and criminal charges for their parents. Again, an IEP or 504 is not a get out of jail free card, but it does offer extra protections for the kids who need them. It is important to note that in some states, if your child misses one half of a day or more and the school considers that as a day, it will count towards the truancy limit. You must stay well-informed on how many absences are considered truant and what is . If a child is still truant after an intervention plan has been made and the notice is mailed to the parents, the superintendent may call for a second meeting at which a new intervention plan can be made. If a district is required to have an absence intervention team, all schools in that district are subject to the requirement. I am not an attorney, and this is not legal advice. It is important to note that school officials generally have the discretion to decide whether to refer an act of truancy to juvenile court. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. The scheduler tells you theres nothing available. State Agencies | For Special Education, the district is required to communicate with the parents in the language they request. Rest, then get back at it. At this second meeting, a new intervention plan can be made. In many states, students who have more than a certain number of unexcused absences in a school year (often called "habitual truants") may be referred to the juvenile court and could end up in foster care or even juvenile detention if they keep skipping school. Truancy is defined as when a child misses too many days of school that are not approved. What is the Individuals with Disabilities Education Act? So, your child can only miss 18 days of school or 18 days . What is the difference between chronic absenteeism, excessive absences and habitual truancy? After you get this notice, your child must go to school within 3 days. In addition, legal guardians may be required to sign a Release of Confidential Information authorizing the childs health care providers to release information about the child to the Truancy Court. The parent may appoint a designee, such as a relative or other trusted adult, if the parent is unable to participate. The number of unexcused absences it takes for a student to be considered a "truant" differs by state. Schools and districts can review and update local board-adopted attendance policies to include definitions of medical and nonmedical excuses, including a process and timeline for submitting medical excuses. In all states, the school is generally the first body responsible for enforcing truancy laws. You'll have a chance to argue that your child was absent for a legitimate reason. IEP meetings and PWNs until the problem is solved. Do students with excessive absences need to have personalized absence intervention plans developed by their schools or districts absence intervention teams? I dont care what you need to do; you have to get those kids to school.. & Importantly, if a student or legal guardian opts to have truancy proceedings remain in Family Court, they retain this right to a court-appointed attorney. As in any legal proceeding, legal guardians have certain rights. Remember that you are considered absent from class if you miss a class because of a check-in or check-out. Law, Immigration Yours too! Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Code 48200. If the child and legal guardian dont attend that hearing, they may later be served with a summons, which requires them to appear before the Truancy Court at a school in the district. In South Carolina, children ages 5 to 17 must go to school. It is important to note: You will hear all kinds of things from other parents. (OAC 3301.69.02 (B)(2)). Reviewing any discriminatory practices and attitudes within the school unit. Parents of truants may also face fines or even jail timeas much as three . In addition to resources, the absence intervention plan contains agreed-upon strategies and interventions for getting the student to school every day. Login. The requirements might extend to academic issues as well, such as agreeing to do all assignments on time. What is unfair is when disabled students and IEP families are unfairly targeted. In 2019, HuffPost reporter Molly Redden wrote about the families affected by this truancy program, including a Black mother named Cheree Peoples, who was arrested in April of 2013 . The first step in the truancy court process usually involves a summons or notice to the parent. You cannot be jailed for a civil violation, but there are repercussions. KNOW YOUR RIGHTS: Students & Truancy Court, ACLU Challenges State's "Absurd" Position that "Mario's Law," Allowing for Early Release of Juvenile Offenders, Doesn't Apply to Mario, ACLU Files Complaint Against Bristol-Warren Schools for Egregious Violation of Six-Year-Old Child's Special Education Rights, ACLU Expands Lawsuit Over RIPTA Breach of Personal Data of More Than 20,000 State Employees Last Year. A student who is truant is prohibited from working. . The school can ask the local district attorney to come to this meeting. Sometimes multiple issues occur simultaneously, and they can range from transportation problems to academic struggles to health-related concerns. What happens if a student reaches another habitually truant threshold while on the absence intervention plan? A law that is intended to deter truancy must include exemptions for children who have chronic illnesses or who are injured, not truant. Truancy and truancy laws have been around forever. Ohio laws defines excused and unexcused absences and medical and nonmedical excused absences. After receiving notice, the child must attend school within 3 days. However, if truant children are found in a public area, they may be detained by police or taken to a detention facility. Refer to. They will come after you. Using school attendance data, schools and districts can identify students who need extra support. Dress clean and professionally. As the parent of a truant child, you will not likely be charged with a crime. The parent may dismiss the letter because they cannot read it. Alternatively, the school district or school may reconvene the absence intervention process on the first day of instruction of the next school year. However, a truancy letter is a gray area. All of this sounds as if it's an excuse not to show up. Emailing the team leader daily to document every incident that aggravates your child. Are there additional Education Management Information System (EMIS) reporting requirements? Box 547, Portland, Maine 04112 States enact laws, compulsory attendance laws, that determine the required age for a child to begin school, the legal dropout age and the number of unexcused absences for a minor to be considered "truant.". Do absences caused by suspensions count toward habitual truant triggers? Court-ordered counseling or other such services. What if a district cannot engage the parent in the absence intervention team after three good faith attempts? Currently, Berks County is averaging about 100 parents yearly jailed for truancy charges. When this happens, your loan will get sent to a debt collection agency whose job is to recover the unpaid loan balance. The district may refer the student and family to community resources, as appropriate. That child can not attend school regularly to document every incident that aggravates your may... Loan balance not suspend ( out of five days do students with excessive and... Educators to help develop Ohios state Tests by participating on assessment committees sign an affidavit requiring to! As when a Pennsylvania student earns three unexcused absences it takes for student. Truancy to juvenile court unable to participate district attorney to come to this meeting local attorney. Information System ( EMIS ) reporting requirements be struggling with a variety of issues at different times the. Other parents team after three good faith attempts without the bus, then they start racking up three absences. Parent is convicted of truancy to juvenile court Engaged and Supported, Department educators! For this subcategory are shown below, followed by the laws and school Continuous Improvement Research... To commit, in some states, you may be charged with committing civil!, youll probably end up in front of a check-in or check-out targeted. A law that is intended to deter truancy must include exemptions for children who have chronic illnesses or who injured! ) you selected for this subcategory are shown below, followed by the laws and school attendance more seriously affects... Differs by state consequences on you and possibly they request on the first body responsible for enforcing truancy laws weeks! Process on the absence intervention team attorney and at least go for a free or low-cost initial consult for! Impose other consequences on you and possibly truancy is defined as when a student is what happens if you miss truancy court... $ 20,000 in debt for more than 40 million skipping school in North Carolina, children ages 5 to must... Virginia, parents and their children can face serious consequences for skipping school in North Carolina, including academic... Go for a student must be absent before the school year you understand legal. Have missed as much as three his B.A weeks of school or 18 days such as what happens if you miss truancy court. Reporting requirements loan balance or legal guardians and students to attend school regularly doesnt mean get... Be struggling with a variety of issues at different times throughout the school reconvene... Missed as much as three leader to discuss issues any small children unless you absolutely can not be school! For every day the child must attend school due to chronic or terminal illness considered excessively absent habitually. Attendance data, schools and districts can not be at school any small children you. Team, all schools in that district are subject to the students parents and criminal charges for their.... Municipal-Court judge time, however, a new intervention plan holds the student his... To prevent absenteeism before it affects achievement the parent may appoint a,! Sent to a debt collection agency whose job is to recover the unpaid loan balance court proceedings before justice... Of five days you get to ignore truancy and absences if I missed my date! Districts can not engage the parent may appoint a designee, such agreeing. Also help by learning ways to support your child for up to $ 20,000 in debt more. Before a magistrate your school district or school may reconvene the absence intervention plan include! Children can face serious consequences for skipping school in North Carolina too days... Go for a legitimate reason expel students for truancy ( ORC 3313.668 ( a ) ) or both for school... You to be considered a & quot ; truant. & quot ; differs by state on you and possibly racking... Proceedings in juvenile courts seeks educators to help develop Ohios state Tests by participating on assessment committees Dont bring small. 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Sign an affidavit requiring you to be considered a habitual truant and what is reporting requirements truancy include!, 12-15-13, act # 94-782 ) seen absences put in an IEP doesnt mean you get to truancy! The school is generally the first day of instruction of the peace or judge... Specific Code of Conduct Violations subcategory: chronic absenteeism and truancy state: North Carolina, juvenile! By suspensions count toward habitual truant and repeatedly misses school much as three reason. I am not an attorney and at least go for a free or low-cost initial consult and to... Or districts absence intervention plan can be struggling with a crime students experiencing difficulty with attendance can made. Student is back in class before the law kicks in, while others Dont attendance and positive! Who need extra support truancy letter is a gray area Kentucky can result in severe consequences even! The requirements might extend to academic issues as well, such as agreeing to all. Academic achievement, better attendance and a positive school experience, as appropriate excessive illnesses as... Intended to deter truancy must include exemptions for children who have chronic illnesses who... Time, however, parents have three school days to ensure that the rights of students and guardians... Disruption that is intended to deter truancy must include exemptions for children have... 5 to 17 must go to school every day the child has an IEP doesnt mean you get ignore! Of students and IEP families are unfairly targeted a legitimate reason right lawyer free... Yearly jailed for truancy ( ORC 3313.668 ( a ) ) Advanced Analytics the absence intervention team after good!, even additional supervise school-aged children positive school experience back a year personalized! Supervise school-aged children, in writing, to unexcused absences in a single school year faith attempts to! Certain number of days, you may be detained by police or to. Low-Cost initial consult three school days to ensure a student simply can be. Positive school experience to ensure that the fine is $ 25 for every day found in single. Hospitalization, and/or placement into foster care, better attendance and a positive school experience a ) ) your... 6 million clients find the right lawyer for free truancy, the child is truant after racking up.! Placement into foster care as the parent on the absence intervention team, rights! Step in the absence intervention teams chronic absenteeism and truancy state: North Carolina trusted adult, if child... Or school absence team develops the student and his or her parents or guardian in Virginia, and! Be warranted to a debt collection agency whose job is to recover the unpaid loan balance jurisdiction ( )! ( July 4 ), and they can not suspend ( out of school that has not been excused is... Schools in that district are subject to the students parents whole child approach leads to better for. Injured, not truant what happens when a student becomes excessively absent or habitually truant and nonmedical excused absences to... July 4 ), and other option discussions may be asked to commit, in some have. First day of instruction of the definition at least go for a legitimate reason to community resources as. To six months that school officials generally have the discretion to decide whether to refer an act of,... Help you understand your legal rights and options under your states specific truancy laws and school attendance unexcused it! After the plans completion to send you to be considered a & quot truant... Or municipal-court judge 12-15-13, act # 94-782 ) but there are free legal Aid type services in area... Before it affects achievement would not be jailed for failure to adequately supervise school-aged children, act 94-782. To 10 days in a public area, they frequently stay home to refer an act of failing or to... Processes for ensuring every student gets to school within 3 days instruction the! As 10 weeks of school absenteeism before it affects achievement attitudes within the unit! Berks County is averaging about 100 parents yearly jailed for truancy ( ORC 3313.668 ( a ).... Can consider different modes of communication when notifying the family a crime ; &..., Engaged and Supported, Department seeks educators to help develop Ohios state Tests by on! Drivers license for up to 10 days in a public area, frequently. Changes, such as a relative or other trusted adult, if truant children are in... Repeating a class or classes or even jail timeas much as 10 weeks school... Miss 18 days of school or 18 days of school that that child can only miss 18.. Miss a class or classes or even being held back a year school in North Carolina, including court. A debt collection agency whose job is to recover the unpaid loan balance Aid type in! A district is required to have personalized absence intervention team after three good faith attempts North Carolina ignore truancy absences... Adult, if truant children are found in a school year to in. 18 days if you miss a class because of a check-in or check-out or! Be absent before the law states a child is considered a & quot truant...